Disney Seeks Dismissal of NYU Doctor's Death Case, Cites Husband's Disney+ Subscription

Disney is pushing to dismiss the death lawsuit filed by the bereaved family of a New York University doctor who died after a theme park restaurant ‘ignored her nut allergy’. The company said that the widower’s Disney+ subscription prevents him from suing the company.

Dr Kanokporn Tangsuan, a 42-year-old NYU Langone medical professional, passed away last October following a meal at Raglan Road Irish Pub. Despite repeated assurances from the waiter that her food would be allergen-free, Dr Tangsuan suffered a fatal allergic reaction, the New York Post reported.

The grieving husband filed a $50,000 lawsuit against Walt Disney Parks and Resorts, alleging negligence in handling food allergies. He claimed the restaurant failed to train its staff which resulted in his wife’s tragic death. The lawsuit seeks compensation for emotional distress, funeral costs, medical bills, and lost income.

What does Disney’s ‘Subscriber Agreement’ say?

Disney is forcing the case into arbitration rather than a courtroom trial, citing that Piccolo agreed to the terms of their ‘Subscriber Agreement’ which includes an arbitration clause in Section 7 titled ‘Binding Arbitration and Class Action Waiver’.

As per a report by Daily Mail, Disney contends that its parks and resorts division is protected from the lawsuit by a broad arbitration clause within the Disney+ subscriber agreement. The company argues that as an affiliate, the parks division falls under the same legal terms.

The company added that when the widower purchased park tickets for himself and his wife in September 2023, he also agreed to the ‘Walt Disney World terms’ which include the same arbitration clause.

What happened in October 2023?

Despite Dr Tangsuan’s severe dairy and nut allergies, the couple felt confident dining at the Disney restaurant after the waiter assured them the food would be allergen-free. She ordered several dishes, including “Sure I’m Frittered,” “Scallop Forest,” “The Shepherd Went Vegan,” and “Onion Rings”. Shortly after consuming the food, Dr. Tangsuan experienced a severe allergic reaction, including difficulty breathing. She self-administered an epi-pen.

She was rushed to the hospital, where she succumbed to the reaction. A medical examiner confirmed that her death was caused by anaphylaxis due to exposure to dairy and nuts.